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I had a terrible experience on an American Airlines flight.

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quincy

Senior Member
I'd really like to know how Ryan was financially damaged as a result of the ill-mannered flight attendant's actions ...
Perhaps an intentional infliction of emotional distress action? The behavior of the flight attendant appears to have been SO outrageous as to support such a legal action, certainly.



(as a note, a court found the publication of a photo of the skull of a beheaded child by a newspaper was not outrageous enough to support an IIED suit filed against the paper by the child's parents. . . . this fact added just to put Ryan's absurd - and probably invented - complaint in perspective)
 

FlyingRon

Senior Member
Being insulted doesn't rise to the level of actionable emotional distress. Getting rude treatment while bad business practice isn't either.

Emotional distress isn't just because you got your feelings hurt or embarrased. In California, it takes all of the following steps:

1. Outrageous conduct on the defendant's part.
2. Intent to cause emotional distress, or reckless disregard that the actions would cause such distress.
3. Proof the victim suffered SEVERE emotional distress.
4. That the defendants action was a substantial factor in causing such distress.

I strongly doubt she has *ANY* legal course of action.
 

quincy

Senior Member
Being insulted doesn't rise to the level of actionable emotional distress. Getting rude treatment while bad business practice isn't either.

Emotional distress isn't just because you got your feelings hurt or embarrased. In California, it takes all of the following steps:

1. Outrageous conduct on the defendant's part.
2. Intent to cause emotional distress, or reckless disregard that the actions would cause such distress.
3. Proof the victim suffered SEVERE emotional distress.
4. That the defendants action was a substantial factor in causing such distress.

I strongly doubt she has *ANY* legal course of action.
Uh, did you read the whole thread, FlyingRon?

My IIED suggestion was sarcastic.

I believe we have ALL doubted that there is any legal course of action for this unhappy traveler to pursue. :)
 

FlyingRon

Senior Member
Uh, did you read the whole thread, FlyingRon?

My IIED suggestion was sarcastic.

I believe we have ALL doubted that there is any legal course of action for this unhappy traveler to pursue. :)
Of course I read the thread....I was one of the first to respond. Sorry the sarcasm doesn't come through well in text.
We had someone just today really asking about small claims emotional distress claims so I guess I was a little keyed up for it.
 

quincy

Senior Member
I thought the note I added about the child skull would be an indication of how NOT outrageous I thought having a mean flight attendant was, when even the child skull photo could not support an IIED suit.

Ah, well. Sarcasm doesn't always work well in text. Thank goodness we have emoticons to rely on.




(single317dad, the suit should include as defendants the photographer, the chef and the restaurant ;) :p :))
 
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